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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Burlington County ) File No.: EB-FIELDNER-14-00015602

   Owner of Antenna Structure No. 1046924 )

   ) NOV No.: V201432400026

   Westampton, New Jersey )

                              NOTICE OF VIOLATION

   Released: May 29, 2014

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Burlington County, registrant of
       antenna structure number 1046924 in Westampton, New Jersey. Pursuant
       to Section 1.89(a) of the Rules, issuance of this Notice does not
       preclude the Enforcement Bureau from further action if warranted,
       including issuing a Notice of Apparent Liability for Forfeiture for
       the violation noted herein.^

    2. On May 8, 2014, agents of the Enforcement Bureau's Philadelphia Office
       inspected antenna structure number 1046924 located at the coordinates
       40-00-57.87 N Latitude / 074-48-59.61 W Longitude in Westampton, New
       Jersey, and observed the following violation:

   47 C.F.R. S 17.23: "Unless otherwise specified by the Commission, each new
   or altered antenna structure to be registered on or after January 1, 1996,
   must conform to the FAA's painting and lighting recommendations set forth
   on the structure's FAA determination of "no hazard"...." The registration
   for antenna structure number 1046924 indicates that the tower requires
   aviation orange and white paint, red obstruction lights at two-thirds and
   one-third of the overall height of the tower and a red beacon at the top
   of the tower in accordance with FCC Paragraphs 1, 3, 12, and 21. The
   antenna structure does not conform to these recommendations, but is
   equipped with a medium intensity white flashing light at the top of the
   tower for day time operation and a red beacon at the top of the tower with
   red obstruction lights at the midpoint for night time operation.^

    3. Pursuant to Section 403 of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Burlington County must submit a written statement
       concerning this matter within twenty (20) days of release of this
       Notice. The response (i) must fully explain each violation, including
       all relevant surrounding facts and circumstances, (ii) must contain a
       statement of the specific action(s) taken to correct each violation
       and preclude recurrence, and (iii) must include a time line for
       completion of any pending corrective action(s). The response must be
       complete in itself and must not be abbreviated by reference to other
       communications or answers to other notices.^

    4. In accordance with Section 1.16 of the Rules, we direct Burlington
       County to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized official of Burlington County with personal knowledge of
       the representations provided in Burlington County's response,
       verifying the truth and accuracy of the information therein,^ and
       confirming that all of the information requested by this Notice which
       is in Burlington County's possession, custody, control, or knowledge
       has been produced. To knowingly and willfully make any false statement
       or conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.^

    5. All replies and documentation sent in response to this Notice should
       be marked with the File No. and NOV No. specified above, and mailed to
       the following address:

   Federal Communications Commission

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    6. This Notice shall be sent to Burlington County at its address of
       record.

    7. The Privacy Act of 1974^ requires that we advise you that the
       Commission will use all relevant material information before it,
       including any information disclosed in your reply, to determine what,
       if any, enforcement action is required to ensure compliance.

   FEDERAL COMMUNICATIONS COMMISSION

   David C. Dombrowski

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ In order to come into compliance with the Commission's rules, Burlington
   County must: (1) obtain a new FAA "no hazard" determination specifying a
   dual lighting system and then modify the antenna structure registration to
   reflect the new "no hazard" determination or (2) modify the antenna
   structure registration if a new FAA "no hazard" determination has already
   been obtained 47 U.S.C. S 403.

   ^ 47 U.S.C. S 403.

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

   ^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   Federal Communications Commission

   3

                       Federal Communications Commission